Facing a County Court Judgment (CCJ) can be daunting, but My Debt Plan is here to assist. We provide advice on dealing with CCJs, helping you understand the process and your options. Our team guides you through steps to address the judgment, whether it involves negotiating payment terms, disputing the claim, or exploring ways to have the CCJ set aside. With personalized strategies tailored to your situation, My Debt Plan ensures you take the right actions to minimize the impact on your credit score. Let us help you manage CCJs effectively and regain control of your financial future.
A County Court Judgment (CCJ) is a legal decree issued by a county court instructing you to repay a debt. It’s a procedural step initiated by a creditor in their pursuit of debt collection. CCJs offer creditors a straightforward means to reclaim money rightfully owed by individuals.
Upon receiving a County Court claim form, it’s crucial to respond within 14 days. The judgment outlines the owed amount, payment instructions, deadline, and payment recipient. Failure to provide necessary information may result in an unaffordable repayment schedule and further legal actions.
Letter of Claim:
Prior to initiating a CCJ, creditors must furnish all details of the claim, including debt particulars. Failure to respond to this letter empowers creditors to proceed with court action independently. Responding within 30 days is imperative, providing realistic financial information and seeking debt repayment advice if needed.
Recognizing Court Forms:
Court forms pertaining to debts regulated by the Consumer Credit Act must follow certain protocols, including prior default notifications. These forms, comprising the N1 Claim Form, N9 Response Pack, N9A Admission, and N9B Defence and counterclaim, should include comprehensive details and adhere to specific formatting standards.
Making Payments:
Maintaining payment records is crucial, whether via direct payments or standing orders. Timely payments are essential to avoid further legal consequences or additional fines. Requests to modify payments require completion of the N245 Application form, along with disclosure of income and expenses, often incurring an additional court fee.
Challenges in Repayment:
In case of payment difficulties due to changed circumstances or unsuitable repayment terms, applying to alter payment terms or challenging the CCJ’s validity is an option. Such challenges may necessitate a private hearing and may incur a fee.
Bailiff Use:
Creditors may resort to bailiffs to recover debts, requiring court authorization. Adequate repayment compliance can pre-empt bailiff visits, while failing to do so may escalate legal actions.
Debt Consolidation:
Consolidating multiple debts into manageable payments can prevent further creditor actions, provided payments are maintained. Debt consolidation, feasible for debts totaling under £5,000, requires completion of the N92 Application For An Administration Order form.
CCJ Register:
The CCJ Register, a public repository, lists judgments issued against individuals, providing details such as defendant’s name, court particulars, judgment amount, and resolution status. CCJs typically remain on record for six years unless set aside or paid off.
Access to CCJ Register:
Access to the CCJ Register via the Registry Trust Limited website requires a nominal fee. Individuals can verify their own records for accuracy or before applying for credit. Incorrect information can be rectified by contacting Trust Online, which liaises with courts for verification.
Conclusion:
Navigating CCJs demands diligence and informed action to mitigate financial repercussions. Understanding the process and seeking appropriate assistance can alleviate the burden of debt and safeguard financial stability.
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Lucy Novo Deakin is a licensed insolvency practitioner in the UK by the Insolvency Practitioners Association (IPA).
My Debt Plan Ltd provides insolvency solutions to individuals, specialising in IVA’s. All advice given is provided in reasonable contemplation of an insolvency appointment. Where you are not suitable for an IVA, we may refer you to one of our trusted partners who specialise on alternative solutions, and as such we will receive payment for the introduction if you enter into a debt solution with one of our partner companies.
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*Our advice on your options is always free. We will always notify you if a solution you choose has any cost.
**Of 2,381 IVA cases approved between January-December 2023, the average expected write off assuming successful completion is 74%.
A debt write off amount between 25% and 75% is realistic, however, the debt write off amount will differ for each customer upon their individual financial circumstances and is subject to approval of their creditors. Any remaining qualifying unsecured debt in your IVA will be written off, however some unsecured debts will be excluded, such as court fines, child maintenance and student loans, therefore you will need to continue paying these both during and after the IVA.
